THE STATE OF FLORIDA, APPELLANT,
v.
PEDRO MARTINEZ, APPELLEE
PER CURIAM.
Pedro Martinez was charged with carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1979). Martinez filed a motion to dismiss pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure, which the trial court granted. The State appeals and we reverse.
The “(c)(4) motion” in question was grounded upon an arrest form which stated that the officer observed the weapon in open view. Elsewhere in the arrest form the officer states that the weapon was observed between the center console and driver’s seat of the vehicle. It is apparent upon the face of the motion which incorporates the arrest form that an issue is presented which requires resolution by a trier of fact. The motion is not sufficient as a matter of law. Ensor v. State, 403 So. 2d 349 (Fla.1981); State v. Bethea, 409 So. 2d 1139 (Fla. 2d DCA 1982); McGraw v. State, 404 So. 2d 817 (Fla. 1st DCA 1981).
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Millar v. State, 655 So. 2d 1237 (Fla. 1st DCA 1995)…e order placing Millar in the Renaissance Program in Macclenny. A court departs from the essential requirements of law when there is no evidence in the record to support the order. Blocker’s v. Yarborough, 277 So. 2d 9 (Fla. 1973); Jantzen v. State, 422 So. 2d 1090 (Fla. 3d DCA 1982); Lee v. State, 374 So. 2d 1094 (Fla. 4th DCA 1979); Whispering Pines Lake Owners Ass’n v. Demosthenis, 361 So. 2d 827 (Fla. 3d DCA 1978). In the present case, the uncontradict-ed expert testimony originally recommended that Mill…
Authorities Cited
- Elton E. Ensor v. State, 403 So. 2d 349 (Fla. 1981)
- McGRAW v. State, 404 So. 2d 817 (Fla. 1st DCA 1981)
- State v. Bethea, 409 So. 2d 1139 (Fla. 2d DCA 1982)